Mukti Bibi @ Mukti And ANR v. State Of West Bengal

C.R.M. (A) 4483 of 2023 05.12.2023 ML. 34 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chanchal Police Station Case No. 821 of 2023 dated 09.07.2023 under Sections 448/325/308/302/34 of the IPC corresponding to G.R. Case No. 1953 of 2023.

And In the matter of: Mukti Bibi @ Mukti Parvin & Anr. ....petitioners.

Mr. Mritunjoy Chatterjee Mr. Imdadul Hoque ...for the petitioners.

Ms. Sujata Das ...for the State.

1. Heard learned Counsel for both the parties.

2. The postmortem report shows minor simple injuries on the non-vital part of the body of the deceased. According to opinion of the medical officer the death of the deceased is due to disease condition of his organs. The age of the deceased was 76 years on the date of occurrence. The present petitioner No. 1 is the sister-in-law (wife's sister) of the son of the deceased and petitioner No. 2 is the husband of the petitioner No. 1. In a family feuds there is stated to be hot altercation between the parties. From the statement of the son of the deceased it is found that the deceased had a diseased heart condition and he was under treatment.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case

including the conditions that:

i) The petitioner No. 1 (Mukti Bibi @ Mukti Parvin) is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset till submission of F.F. ii) The petitioner No. 2 (Md. Helal @ Helal) is directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F. iii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 4483 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)